Maine

Below are the key provisions of the state's competency statutes and court rules. It is important to note jurisdictions may have informal procedures in addition to the rules listed. The information provided is limited to what is contained in the written rules and statutes and does not include any case law or analysis of how these rules have been interpreted or applied. Users are encouraged to use this data as a starting point for understanding the competency processes in the state and how those processes compare to other states.

Return to the Map

Key Information

Relevant Statutes and Rules

15 Me. Rev. Stat. Ann. § 101-D

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

None stated.

Qualifications of examiners

Licensed psychologist or psychiatrist. 

Me. Rev. Stat. tit. 15, § 101-D(6)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient or outpatient (no criteria). 15 Me. Rev. Stat. Ann. § 101-D(5)(A), (B)

What is the test for restorability

"There does not exist a substantial probability that the defendant can be competent in the foreseeable future"

Me. Rev. Stat. tit. 15, § 101-D

What is the procedure after restoration

Hold a hearing within 30 days of report that defendant has been restored to competence. 15 Me. Rev. Stat. Ann. § 101-D(5)(A).

What is the procedure if there is a finding of unrestorability

The court shall dismiss all charges against the defendant and, unless the defendant is subject to an undischarged term of imprisonment, the court may notify the appropriate authorities who may institute civil commitment proceedings for the individual. If the defendant is subject to an undischarged term of imprisonment, the court shall order the defendant into execution of that sentence, and the correctional facility to which the defendant is transported shall execute the court's order. Me. Rev. Stat. tit. 15, § 101-D(5-A)

What are the time limits on initial transfer to restoration services

30 days, "unless an extraordinary circumstance causes a necessary delay."

Me. Rev. Stat. tit. 15, § 101-D(10)

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Inpatient: 30 days for initial report, then 60 days, then 180 days. 15 Me. Rev. Stat. Ann. § 101-D(5)(A).

Outpatient: 60 days for report. 15 Me. Rev. Stat. Ann. § 101-D(5)(B).

These are deadlines for reports, but there's no explicit maximum time for restoration in the statute.

National Database

Additional state-level data can be found in our Competency Data Summary Spreadsheets and accompanying Competence Information Guide.

See the full data

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice. 

Return to the Map